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BROWN v. U.S. POSTAL SERVICE

No. 86-2425.

860 F.2d 884 (1988)

Andrew L. BROWN, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE; William F. Bolger, Postmaster General; Paul Sydney, Postmaster; Ruben Ford, Postmaster, Fresno; U.S. Office of Personnel Management Merit System Protection Board, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1988.

Attorney(s) appearing for the Case

Alan Moss, San Francisco, Cal., for plaintiff-appellant.

Stephen E. Alpern, Washington, D.C., for defendant-appellee.

Before GOODWIN, Chief Judge, FLETCHER, Circuit Judge, and KING, District Judge.

PER CURIAM:

Andrew L. Brown, appeals the district court's decision affirming his November, 1977 termination from his job as a window clerk at the post office for Madera, California. He was discharged for "willful failure to follow established postal procedures" and "misappropriation of postal funds." Because we find Brown's termination to be an unduly severe punishment under the circumstances, we reverse and remand.

During October and November, 1977, a number...

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